DCC 30/1994
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Admiralty, Shipping & Navigation, Types of Contract, Payment & Payment Systems, Agency
Copyright
LexisNexis
Decision date
4 Jun 1994
Catchwords
Maritime Contract – Bill of lading – Damaged Goods – Agent
This case involved a claim for damages for goods carried by ship. The second defendant's agent not the owner of the ship had signed the bill of lading. This case confirmed the impact that had on liability for the damage.
Background
A claim was brought against the owner and charterer of a ship ordering the defendants to pay 137,367 AED plus interest and legal fees for damage to the claimant's goods during a voyage on the vessel owned by the first defendant. The court of first instance ordered the defendants jointly and severally to pay 106,559 AED plus interest at 9%. The first defendant appealed and the appeal court upheld the judgement. The first defendant appealed by cassation arguing it was not responsible for the damage as the bill of lading had been signed by the second defendant's agent, therefore the charterer, and not the owner was responsible for the damage.
Decision